content, and pursue the availability of accurate registration data by continuing to engage with the Internet Corporation for Assigned Names and Numbers (ICANN) and other stakeholders in the internet governance system, notably through the Public Safety Working Group of ICANN’s Governmental Advisory Committee. The proposal in the revised NIS Directive accordingly envisages the maintaining of accurate and complete databases of domain names and registration data, or ‘WHOIS data’, and providing lawful access to such data as essential to ensuring the security, stability and resilience of the DNS. The Commission will also continue to work to provide appropriate channels and clarify rules to obtain cross-border access to electronic evidence for criminal investigations (needed in 85% of investigations, with 65% of the total requests going to providers based in another jurisdiction), by facilitating the adoption and subsequent implementation of the ‘e-evidence package’ and practical measures80. The swift adoption by the European Parliament and Council of the e-evidence proposals is key to provide practitioners with an efficient tool. Electronic evidence must be readable, thus the Commission will further work on the support to law enforcement capacity in the area of digital investigations, including dealing with encryption when encountered in criminal investigations while fully preserving its function to protect fundamental rights and cybersecurity. 2.3 EU cyber diplomacy toolbox The EU has been using its cyber diplomacy toolbox81 to prevent, discourage, deter and respond to malicious cyber activities. After introducing the legal framework for targeted restrictive measures against cyber-attacks in May 201982, the EU listed six individuals and three entities responsible for, or involved in, cyber-attacks affecting the EU and its Member States under the regime in July 202083. Another two individuals and one body were listed in October 202084. Malicious cyber activities, including those of a slow-burning nature, should be tackled by an effective and comprehensive joint EU diplomatic response, using the full range of measures available at EU level. 80 COM(2018) 225 and 226; C(2020) 2779 final. In particular, the SIRIUS project recently received additional funding under the Partnership Instrument to improve channels to obtain lawful cross-border access to electronic evidence for criminal investigations (needed in 85% of investigations into serious crimes, with 65% of the total requests going to providers based in another jurisdiction), and establishing compatible rules at international level. 81 https://www.consilium.europa.eu/en/press/press-releases/2017/06/19/cyber-diplomacy-toolbox/ 82 Council Decision (CFSP) 2019/797 of 17 May 2019 concerning restrictive measures against cyber-attacks threatening the Union or its Member States (OJ L 129I 17.5.2019, p. 13); and Council Regulation (EU) 2019/796 of 17 May 2019 concerning restrictive measures against cyber-attacks threatening the Union or its Member States (OJ L 129I 17.5.2019, p. 1) 1) 83 Council Decision (CFSP) 2020/1127 of 30 July 2020 amending Decision (CFSP) 2019/797 concerning restrictive measures against cyber-attacks threatening the Union or its Member States (ST/9564/2020/INIT) (OJ L 246, 30.7.2020, p. 12–17); and Council Implementing Regulation (EU) 2020/1125 of 30 July 2020 implementing Regulation (EU) 2019/796 concerning restrictive measures against cyber-attacks threatening the Union or its Member States (ST/9568/2020/INIT) (OJ L 246, 30.7.2020, p. 4–9). 84 Council Decision (CFSP) 2020/1537 of 22 October 2020 amending Decision (CFSP) 2019/797 concerning restrictive measures against cyber-attacks threatening the Union or its Member States (OJ L 351I , 22.10.2020, p. 5–7); and Council Implementing Regulation (EU) 2020/1536 of 22 October 2020 of implementing Regulation (EU) 2019/796 concerning restrictive measures against cyber-attacks threatening the Union or its Member States (OJ L 351I, 22.10.2020, p. 1–4). 16

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